New Supreme Court Ruling Alters the Requirements 

The Supreme Court has ruled that a Community Card application cannot be rejected solely due to insufficient family financial resources. The decision underscores the need to consider personal and family aspects, especially when children are involved between the Spanish or EU citizen and their non-EU family member. In essence, evaluating various factors beyond economic status is crucial in deciding on a Community Card issuance.

In a specific case, the Extremadura High Court supported the rejection by the Badajoz Foreigners Office of a Community Card application from a Guinean citizen married to a Spanish citizen. The denial was based on the claim that family income fell below the required minimum for a four-person family, despite the couple having two children, and a demand for a €43,700 income.

However, the Supreme Court clarified that economic resources alone shouldn't determine such applications. The assessment should consider other circumstances associated with the family unit. It emphasizes the proactive role the Spanish administration should take, not solely relying on information provided by the applicant. In summary, economic availability should not be the sole criterion; other aspects must be considered, and the administration should play a more active role.

The Community Family Card

Also known as the Community Card, this residence card is for certain relatives of Spanish or other EU citizens, from the European Economic Area, or Switzerland. It's designed for those without the nationality of these states but wish to reside in Spain for more than three months, either accompanying or joining the EU citizen.

Financial Resources Required

To obtain the Community Card, the EU citizen must meet one of the following conditions:

1. Employee in Spain: No specific salary is required for employees in Spain. The only assessment is whether the individual is registered and working, demonstrated by work history and registration resolution.

2. Self-employed: Similar to employees, no specific financial gains are required for self-employed individuals. Standard documentation along with registration in the Special Regime for Self-Employed Workers is sufficient.

3. Student: Students need enrollment in a recognized or government-funded educational institution, comprehensive health insurance in Spain, and a responsible declaration of having sufficient financial resources. Specific income amounts are not required.

4. Own Financial Means: EU citizens and their family must prove sufficient means to avoid social assistance dependence in Spain. A health insurance plan covering Spain is also mandatory. While specific amounts aren't specified, the general family reunification amounts are recommended.

Required Documentation

Documentation varies based on the EU citizen's employment situation:

• Employee: Declaration of hiring or employment certificate, work contract registration, and Social Security registration or consent for data verification.

• Self-employed: Registration in the Economic Activities Census, proof of establishment via the Commercial Registry, Social Security registration, or consent for data verification.

• No Profit Activity: Public or private insurance document and proof of sufficient resources, such as property titles, certified checks, capital income documentation, or credit cards with certified bank statements.

• Student: Enrollment in a recognized or government-funded educational institution, health insurance document, and a responsible declaration of sufficient resources.

It's essential to note that since August 16, 2022, certain family members of Spanish citizens must apply for Family Roots instead of the Community Family Residence Card. These include spouses or duly accredited partners, ascendants over 65 or under 65 dependent, and descendants under 21 or over 21 dependent on a Spanish citizen or their partner.

The Residence Authorization for Exceptional Circumstances, Family Roots, is granted for five years and allows both employed and self-employment.

For relatives outside these categories, like siblings, grandchildren, or grandparents, a Family Residence Card must be applied for under the "extended family" concept. These relatives are not covered by the Family Roots, requiring continued management of the Community Card under the provisions of Article 2.bis of RD 240/2007, of February 16.

Visal Immigration, a specialized law firm in residence permits and nationality procedures, is ready to address queries and assist in obtaining the necessary documents for a successful application.

VISAL IMMIGRATION

• Email: info@visalimmigration.com
• Phone: (+34) 618 702 253
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